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BLANTON v. MOSES H. CONE MEMORIAL HOSP., INC.

No. 57PA86.

354 S.E.2d 455 (1987)

319 N.C. 372

Davie Jean BLANTON v. MOSES H. CONE MEMORIAL HOSPITAL, INC.

Supreme Court of North Carolina.

April 7, 1987.

Attorney(s) appearing for the Case

Clark & Wharton by David M. Clark, Greensboro, for plaintiff-appellee.

Henson, Henson, Bayliss & Coates by Perry C. Henson and Jack B. Bayliss, Jr., Greensboro, for defendant-appellant.

James B. Maxwell, Durham and Burton Craige, Raleigh, for the North Carolina Academy of Trial Lawyers, amicus curiae.

Alene M. Mercer, H. Lee Evans, Jr. and Robert M. Clay, Raleigh, for the North Carolina Ass'n of Defense Attorneys, amicus curiae.

W.C. Harris, Jr. and Samuel O. Southern, Raleigh, for the North Carolina Hosp. Ass'n Trust Fund, amicus curiae.

WEBB, Justice.

The question on this appeal is whether it was error for the superior court to allow the defendant's motion to dismiss pursuant to N.C.G.S. § 1A-1, Rule 12(b)(6). We hold it was error and affirm the decision of the Court of Appeals.

In the Court of Appeals the focus of the parties' briefs and the court's opinion was on whether Bost v. Riley, 44 N.C. App. 638, 262 S.E.2d 391, cert. denied,

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